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Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Oh goodness.

Time for Fun Reading Annoying Legal Documents

Trump's request for an extension of time to file pretrial motions is beyond absurd.

To begin with, Trump asked for a two-month extension.

Two MONTHS? 🤦‍♀️

When I did appeals, a request for more than 30 days required a showing of "exceptional" need.

His reason? he needs more time to do the "research."

Paraphrase: "Your honor, my lawyers are in the slow reading group."

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.63.0.pdf

1/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

He does the "as the court knows" thing and makes a statement that is not true. (Screenshot #1)

The "novel" legal issues?

"This is the first time in history anyone—let alone a President of the United States—has been charged, in the defense’s view wrongfully, with conspiracies related to a contested election."

Wait. Haven't hundreds of people been charged in connection with the J6 attack?

What the heck?

Also, he says "a President' has been charged.

Um, maybe "former" president?

2/

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Did you all catch this morsel about how Trump valued his properties?

Trump "also seems to
imply that the numbers cannot be inflated because he could find a 'buyer from Saudi Arabia' to pay any price he suggests."

(His fans will continue to love him)

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=tTcU_PLUS_uJJ8i5XjrCTSNk2eA==

Ulrich_the_Elder,
@Ulrich_the_Elder@mastodon.social avatar

@KatM @Teri_Kanefield Every time you mention him also note that he is a rapist. Thanks.

TCatInReality,
@TCatInReality@mastodon.social avatar

@Teri_Kanefield
Wow! Trump has been so amorally transactional and corrupt for so long, he apparently doesn't see the problem with being able to "find a buyer in Saudi Arabia" to pay whatever inflated price he says.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Here's Trump's New York fraud decision:

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=tTcU_PLUS_uJJ8i5XjrCTSNk2eA==

Scathing doesn't begin to describe it.

Letitia James did it. It took her 5 years. These civil cases are complicated -- but she did it.

If you just skim through, you can see how irritated the court was with Trump's shenanigans. The conclusions are at the end.

tawtovo,
@tawtovo@mastodon.social avatar

@Teri_Kanefield
This gem made me chuckle:

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Remember yesterday I said we could sleep through the removal hearing for the 3 fake electors?

Well. Evidently they argued that they were "alternate" electors because a pending lawsuit meant there were no official electors. (Um. No.)

Next they argued that because the Electoral Count Act anticipates two slates of electors, they were acting under federal law.

No again.

Even if their elector argument had merit (it doesn't) they were still not federal officers.

https://www.washingtonpost.com/national-security/2023/09/20/georgia-trump-electors-federal-court/

1/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

The removal statute specifically requires that the person be a federal officer AND acting under color of his or her office.

If I am acting pursuant to a federal law, that doesn't make me a federal officer.

The only reason I can see for trying to raise this argument is court is to try to establish their first prong: They want to try to establish that they were not "fake," they were alternate.

The argument does not help with removal. At all.

2/

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Here is Mark Meadow's latest brief:
https://s3.documentcloud.org/documents/23980501/georiga-v-meadows-11th-cir-brief.pdf

I've said the way to get the Cliff Notes version is to read the table of contents (or if there isn't one, scroll through and read the headings.)

This is intelligently written and well-argued.

Will Meadows win?
That's a different question 😂

Among other things, he argues that the state cannot frame charges in a way that, based on the framing, defeats the federal statute.

Will it win . . . ?

It could.

That doesn't mean it will.

Eddiethebulldog,

@Teri_Kanefield the one thing that can be said about Trumpism ... and this is truly Trumpism ... is that it will pressure test every seam and ambiguity in the law

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Here's the DOJ's request for a gag order:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.57.0_1.pdf

As with all of the DOJ's filings, this was written for public consumption. It contains very little legalese, the law is presented in a straightforward way, and the material is, um, I guess you could say compelling.

The DOJ refers to this as a high-profile case.

Well, that's your classic understatement. I think it's safe to say that everyone in DC by now has a strong opinion about Trump.

1/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

My conclusion: It seems to me that the greatest danger that the DOJ lists is that jurors will be afraid to serve.

They quote Trump saying that D.C. “is over 95% anti-Trump."

So, specifically, people in that 95% may be afraid to serve.

This is obviously a problem.

I assume that extraordinary steps will be taken to protect the jurors.

BTW, if you are new to reading court filings, the way to get the Cliff Notes version is to scroll through and read the headings.

2/

researchbuzz,
@researchbuzz@researchbuzz.masto.host avatar

@Teri_Kanefield Your gut was correct.

Yes, this is real. I have a rule to always take my own screenshots of his nonsense. It keeps me from falling for things.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar
tiamat271,
@tiamat271@mastodon.online avatar

@Teri_Kanefield At what point does this become harassment/intimidation of an officer of the court? He didn’t like the results when he went though appropriate and official legal channels (motions, appeals, etc.), so next step is personally suing the judge for doing his job? I don’t know the ethical/legal obligations that lawyers have to the courts, but I would hope that there might be consequences for tfg’s lawyers who are enabling/facilitating such a stupid lawsuit.

stringtheery,
@stringtheery@universeodon.com avatar

@Teri_Kanefield And the appellate judge has now taken up the case. Because of course (see same link you provided).

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Cannon isn't giving Trump what he wants.

Here's the latest order:
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.150.0.pdf

Basically, she granted the government's proposed order.

Trump doesn't get to review the classified documents at Mar-a-Lago, which was a loony request.

(Remember when he asked Cannon to order the government to set up a secure facility at Mar-a-Lago so he didn't have to travel?)

And he can't just talk to his lawyers about the stuff if they don't have clearance.

EllenJS,
@EllenJS@mstdn.plus avatar

@Teri_Kanefield @pjanovsky

A FL Magistrate Judge, Bruce Reinhart, signed off on the 8/22 Mar-a-Lago search warrant. Cannon is also mentioned, but as a District Judge.

“If the case is being overseen by the same district and magistrate judges, that means the court likely considered the indictment to be 'related' to the search warrant and intentionally assigned it to those judges.”

Why two types of judges, Magistrate and District, and what’s the role of each?

https://abcnews.go.com/US/judge-aileen-cannon-trump-appointee-initially-assigned-oversee/story?id=99956910

AlgoCompSynth,
@AlgoCompSynth@ravenation.club avatar

@Teri_Kanefield I'm sure this is a layman question, but how does the court verify that Trump and his attorneys are following all the rules, given Trump's history and legitimate attorney-client privilege issues?

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

I'll try again to respond to this politico piece:

https://www.politico.com/news/2023/09/12/trump-doj-assist-biden-impeachment-probe-00115393

First, some background.

The House issued a subpoena to Donald Trump in 2019 in as part of the first Impeachment inquiry.

Trump and his advisors made up a rule: The committee could not subpoena him without a full house vote.

Pelosi said that was nonsense. No full house vote was needed before the committee could issue subpoenas.

Pelosi, of course, was right. . .

1/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

Who knows if the House crazies will even get that far, right?

I don't know if impeaching a president for something done before office is even a thing. It makes no sense.

I also don't know whether Biden will challenge a subpoena or just show up like Clinton did.

I'll also remind you that each time Trump people have challenged subpoenas in court, people were furious and accused them of "abusing" the legal system.

Everyone has the right to challenge a subpoena.

5/

JOdell,

@Teri_Kanefield impeachment theatre is getting out of hand. I think a bipartisan group should draft an amendment that clarifies impeachment issues and procedures and create some presidential accountability that's somewhere between a censure and a full-blown impeachment. Also to deal with lame duck presidents who won't admit defeat and what do to if there is an out of office impeachment like a 6 month SOL for that.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Trump's motion to recuse Judge Chutkan’s is for show.

Here's the motion:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.50.0_5.pdf

Here's the applicable law:
https://www.ojp.gov/ncjrs/virtual-library/abstracts/judicial-disqualification-under-canon-3c-code-judicial-conduct

The statements she made were during sentencing proceedings for other J6 defendants.

The motion is so that Trump and his minions have talking points in the court of right-wing public opinion.

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

In the motion, Trump's lawyers selectively edited sentences from case law, but if you read closely, whether she recuses is entirely discretional, which means that an appeal really has no chance.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

The most threatening thing to right-wing men are women who don't need them.

This story tells you everything about who they hate and why.

https://www.rollingstone.com/culture/culture-news/shakshuka-girl-matt-walsh-internet-x-drama-1234819913/

If that's behind a paywall, see:
https://www.nbcnews.com/tech/internet/was-childfree-woman-enjoying-saturday-came-culture-warriors-rcna103581

carolannie,
@carolannie@c.im avatar

@Teri_Kanefield or people of color. Double body blow.

RebeccaBoyce,
@RebeccaBoyce@toad.social avatar

@Teri_Kanefield I like to remind men that the only thing for which men are necessary is sperm, and that can be frozen. Women can do everything else.
Right wing men are the most useless creatures on the planet.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

This is really good news. Thanks @marcelias

A panel of three federal judges struck down Alabama's latest Congressional map for not following the court's order to give Black voters equal representation.

Here is the decision:
https://www.documentcloud.org/documents/23936075-milligan-2023-09-05-order

It's very long. I just skimmed through.

They're appointing a special master to draw the maps basically because the Alabama legislature is refusing to follow orders.

They also order the state not to use this map in any elections.

1/

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Yes, I know. I accidentally hit "publish" after typing about 4 words.

No, I am not losing my mind, but I may need [a lot more] more coffee. ☕

waterluvian,
@waterluvian@mastodon.social avatar

@Teri_Kanefield

> types half a sentence

> dozens of likes and retoots.

If only judges were this generous.

Gilda,
@Gilda@mastodon.world avatar

@Teri_Kanefield coffee ☕ o'clock around here ☕

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

The fun part about having my 18 year old home (after he was away for a summer job before he heads to college) is that I never know, when I walk into a room, whether he will roll his eyes at me and be a grump or say (sweetly) "Mom can you help me with this?"

jimhubbell,
@jimhubbell@mastodon.world avatar

@Teri_Kanefield
By the time your kids are 30 something, they get fun to be around. At least ours did. And are.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Wanna read something truly insane?

This was just filed with the court.

https://www.courtlistener.com/docket/67694389/57/the-state-of-georgia-v-meadows/?redirect_or_modal=True

And now I think I need a break. There is some Godiva chocolate in the pantry and I need dark chocolate.

(I abuse very few substances. Dark chocolate and hair care products come to mind.)

William3rd,
@William3rd@mastodon.social avatar

@Teri_Kanefield IANAL but I can read the link. I don't see a single word that looks like intervening in a criminal trial is allowable.

PappyTom,

@Teri_Kanefield Do a search on our dude here. He has long demonstrated similar behavior and thinking. Frankly mind-blowing

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